This question is for a criminal lawyer in NJ regarding rules of evidence in a criminal trial. I had a business deal with an individual. I gave him two checks totalling over $50000. These checks were UNDATED. He BACK DATED them and deposited them knowing they would not be honored as the business deal had gone south. These checks were deposited in July 2010. He filed a complaint with the police who gave it to the prosecutorin Oct 2012. They indicted me and he testified in front of the grand jury. The prosecution and I reached an agreement for restitution and a plea deal in September 2012 (He passed away in May 2012). Here are my questions:- 1) The prosecution was aware at the time of making the deal that the only witness to their case had passed away. Yet they choose not to give us that piece of information. Is this prosecutorial misconduct? ( For this purpose let us assume that we can prove this through Circumstantial Evidence) 2) If we back out of the deal (and as per the plea agreement I can) and we go to trial can the check be introduced as evidence? There were only two people who were witness to this check. The person who was the benificiary, who is dead and me. 3) At trial, would this check constitute as a post-dated check and hence not be covered by the rules of a bad check or as a regular check? Thanks.
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